In the morning paid the gardener at Halland 8d for 1 gallon of currants for myself and 1 hundred of walnuts for my mother. We dined on a piece of pork and beans.
Yesterday I saw Peter Adams and asked him again for the money which is due from him to me and Ann Cain for her keeping the child which she had by him, but could not get it. In the evening I went down to Mr Porter’s to consult him about it. He is altogether for my serving the summons upon him, but I must think that is a wrong way of proceeding. For as he gave the parish a bond, we can have nothing to do with a justice in the affair because the bond must I think make their order (if we really had a whole one) invalid. So proceeding in this manner will subject us to his ridicule and be expending the parish’s money to no purpose. Now I think the only way to act would be to empower an attorney to give him a letter, and if he did not pay it on receiving that, for him then to execute the bond against him and to sue him until such time as he should either pay it, or we could carry him to gaol, unless he could give bail…
In the evening about 7 o’clock went down to Mr French’s as agreed, from whence we went to Halland in order to have Mr Coates’s opinion on this affair. He says our best way will be to serve the summons, and then the justices will oblige him either to pay it or, he thinks, commit him to the house of correction. But, oh, those are all vain and chimerical notions formed in the brain by ignorance! For by an act of the 6th of George II it says if a bond is made subsequent to an order, it invalidates the same, and we must sue him at common law for the same. But however Mr French and I agreed at their request to serve the summons upon him tomorrow.
Came home about 9 o’clock. Mr Coates informed us that Admiral Byng was arrived at Spithead where he was under an arrest for cowardice and misbehavior in the Mediterranean relating to the losing of the Isle of Minorca.